1. Scope of Application
These General Terms and Conditions (GTC) of GartenHAHN GmbH, Schwimmbadstrasse 2, 8302 Kloten (hereinafter referred to as “GartenHAHN”), apply to all business relationships between GartenHAHN and its customers.
GartenHAHN offers its customers services in the areas of garden design and maintenance, paving work, clearance, container service, and garden equipment rental.
It owns and operates the website www.gartenhahn.ch.
Any natural or legal person who maintains business relationships with GartenHAHN is referred to as a customer.
These GTC apply exclusively. Conflicting, supplementary, or differing terms from these GTC require explicit written confirmation from GartenHAHN to be valid.
By using GartenHAHN’s services and visiting www.gartenhahn.ch or entering into a contract, the customer fully acknowledges these GTC.
For better readability, the masculine form is used for personal designations and specific nouns in these GTC. Corresponding terms generally apply to all genders within the meaning of equal treatment. The abbreviated language form is for editorial reasons only and does not imply any value judgment.
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The website www.gartenhahn.ch contains information about services. Price changes and other modifications are subject to change. All details on www.gartenhahn.ch (descriptions, images, videos, dimensions, weights, technical specifications, and other information) are to be understood as approximate values and do not constitute guarantees of properties or warranties unless explicitly stated otherwise.
GartenHAHN makes every effort to provide all information and details on www.gartenhahn.ch accurately, completely, up-to-date, and clearly. However, GartenHAHN cannot guarantee this, either explicitly or implicitly.
GartenHAHN cannot guarantee that the services listed on www.gartenhahn.ch can be provided. Therefore, all service details are non-binding and subject to change at any time without prior notice.
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3. Contract Formation and Termination
The contractual relationship between the parties arises when the customer accepts GartenHAHN’s offer or uses its services.
The customer has the right to withdraw up to 48 hours before the start of the work by GartenHAHN or 48 hours before the start of a rental agreement. In this case, the customer must reimburse GartenHAHN for any goods already purchased for the order and services already rendered.
Single Contracts:
The contractual relationship ends when GartenHAHN has completed the agreed work or the agreed period has expired. There is no right to termination in such cases.
Ongoing Contracts:
Either party may terminate the ongoing contract in writing with one month’s notice, effective at the end of any month. During the agreed probationary period, either party may terminate the contract at any time with seven calendar days’ notice.
The customer is obliged to pay GartenHAHN in full for expenses, costs, and compensation incurred up to the termination date.
GartenHAHN reserves the right to terminate the contract with immediate effect and cease work if there is a significant reason, such as:
- Non-payment by the customer
- Legal action against the customer, insolvency filings, or bankruptcy proceedings
- Repeated failure of the customer to fulfill cooperation obligations
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Termination for an important reason does not affect GartenHAHN’s right to compensation for services already provided. The company also has the right to reasonable compensation for resulting financial losses.
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4. Prices and Conditions
The prices quoted by GartenHAHN are gross prices. GartenHAHN is not subject to VAT.
Payment Terms:
For payments by invoice, GartenHAHN places the customer in default by setting a payment deadline after the due date. In case of default, GartenHAHN may charge default interest of 5% per year and a reminder fee of up to CHF 50 per reminder.
Advance Payments:
GartenHAHN is entitled to demand advance payments or partial payments. Otherwise, it may suspend its services and/or withdraw from the service contract, making payment for work already performed immediately due.
Prepayment Waiver:
The customer waives the right to offset claims in advance, according to Article 126 OR (Swiss Code of Obligations).
Garden Design and Maintenance:
The prices for services provided by GartenHAHN and the applicable payment methods are determined by the offer or agreement (with or without a fixed price). For services without a fixed price, the prices may deviate from the offer or agreement as follows:
- Order value up to CHF 2,000 (excluding VAT): 20%
- Order value over CHF 2,000 (excluding VAT): 10%
Unforeseen or hidden additional expenses or additional work requested by the customer after the contract will be billed separately. GartenHAHN will inform the customer in advance about foreseeable additional costs.
Travel and Delivery Costs:
Travel costs are charged per trip. Delivery costs may be adjusted based on actual expenses incurred.
Equipment Rental Service:
GartenHAHN may withdraw from the rental contract without liability for damages if:
- The customer fails to fulfill contractual obligations before the rental period, particularly regarding rent payment, fees, and deposits.
- The rented equipment is not operational at the start of the rental period for any reason. In this case, all paid fees and costs will be fully refunded.
GartenHAHN reserves the right to withhold equipment for any reason, such as adverse weather conditions, without being liable for damages. If no replacement date can be agreed upon, fees and costs already paid will be fully refunded.
5. Obligations of GartenHAHN
Garden Design and Maintenance:
GartenHAHN performs assigned work according to the offer or agreement with the customer, ensuring accurate and careful execution.
Additional services not covered by the contract and requested by the customer will be billed at applicable rates based on actual time spent, including additional costs such as materials and travel expenses.
GartenHAHN may delegate work to assistants or third parties while remaining fully responsible for the quality of services provided.
The company is committed to keeping keys handed over by customers safe and not giving them to third parties, except as required to perform the agreed services. Keys must be returned to the customer upon request.
Equipment Rental Service:
GartenHAHN delivers the rented equipment to the agreed location at the specified time in a safe, operational condition.
Any pre-existing defects must be reported immediately at the start of the rental period. If no such report is made, the equipment is considered properly delivered.
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6. Obligations of the Customer
Garden Design and Maintenance:
The customer ensures that all conditions for the proper execution of services are met, including providing unrestricted access to relevant locations and ensuring water and power connections. Entry to the property outside the agreed service times is prohibited without explicit permission from the customer.
The customer bears the cost of all utility connections and consumption, as well as the disposal of waste generated during the service.
If the customer fails to fulfill these cooperation obligations, GartenHAHN may charge additional costs caused by the delay or difficulties.
Equipment Rental Service:
The customer agrees to operate the rented equipment carefully, following all operational instructions from the manufacturer and GartenHAHN, whether written or verbal. If a defect occurs, the customer must stop using the equipment as soon as it is safe to do so and notify GartenHAHN immediately.
In case of accidents, theft, fire, or other damage to the equipment, the customer must notify GartenHAHN immediately and take all necessary actions to clarify the facts and minimize the damage.
The customer must return the rented equipment at the agreed time and location, in a clean and operational condition. If the equipment is damaged, excessively worn, or dirty, the customer is liable for repairs or replacement costs.
Failure to meet these obligations entitles GartenHAHN to charge the customer for any resulting expenses or deduct them from any security deposits paid.
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7. Acceptance of Garden Design and Maintenance Work
The acceptance of work performed by GartenHAHN is conducted either explicitly or implicitly, based on the individual offer. In the case of implicit acceptance, the customer has the right to request corrections within one week.
If the customer refuses to accept the work or fails to appear at the agreed acceptance appointment, GartenHAHN will schedule a binding second appointment. If the customer again fails to attend, the work will be considered properly completed and accepted without defects.
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8. Warranty and Guarantees
GartenHAHN provides a growth guarantee for planted vegetation. Otherwise, any warranty is excluded.
For defects covered by the warranty, GartenHAHN has the right to perform corrections or, alternatively, to have the work completed by a third party of its choice at its expense. All other defect claims are excluded.
GartenHAHN declines any liability for defects that cannot be clearly traced back to services provided by the company.
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9. Liability of GartenHAHN
GartenHAHN has business liability insurance covering damages resulting from the performance of its services (personal injury and property damage) up to CHF 5 million per incident.
Otherwise, GartenHAHN excludes all liability, regardless of its legal basis, including compensation claims against the company, its assistants, and agents. This particularly applies to indirect damages, consequential damages, loss of profits, or other personal, property, or financial damages incurred by the customer or third parties.
Mandatory statutory liability, such as for gross negligence or unlawful intent, remains unaffected.
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10. Data Protection
GartenHAHN places great importance on protecting its customers’ personal data. The company processes and manages personal data in accordance with the Swiss Federal Data Protection Act (DSG), the Ordinance on the Federal Data Protection Act (VDSG), the Telecommunications Act (FMG), and, where applicable, other relevant data protection regulations, including the EU General Data Protection Regulation (GDPR).
The customer acknowledges and agrees that GartenHAHN may process and share personal data with third parties for service delivery purposes. The customer may withdraw this consent in writing (email is sufficient) at any time.
The customer also agrees that GartenHAHN may use personal data for marketing purposes (online or print), particularly to provide information about offers.
The customer has the right to object to such marketing uses at any time by notifying GartenHAHN.
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11. Customer Liability
The customer is liable to GartenHAHN for any damage caused by:
- Damage to, loss of, or improper use of rented equipment
- Incorrect fuel usage and resulting downtime
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The customer is also liable for the actions of assistants or third parties involved on their behalf. The customer must take responsibility for any such conduct and is fully liable to GartenHAHN for resulting damages.
Additionally, the customer is liable for any damages not covered by insurance. If the customer violates obligations outlined in these terms or the rental contract, they will be fully liable for resulting damages without further notice. Multiple customers are jointly and severally liable.
The customer is responsible for obtaining insurance coverage for these risks.
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12. Staff and Anti-Poaching Agreement
All employees employed by GartenHAHN have valid Swiss work permits and are registered with social insurance institutions.
The customer agrees not to establish direct employment or contracting relationships with GartenHAHN employees during the contract period and for six months thereafter. GartenHAHN reserves the right to claim damages in case of violation.
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13. Confidentiality
GartenHAHN commits to keeping all information obtained during service delivery confidential and not disclosing it to third parties.
The company extends this confidentiality obligation to its employees, assistants, and any third parties engaged in service delivery.
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14. Additional Provisions
Any amendments to the contract or services offered by GartenHAHN, as well as verbal agreements, require written confirmation from GartenHAHN.
If any provisions of these terms are found to be invalid or unenforceable, the validity of the remaining provisions will remain unaffected. Invalid or unenforceable provisions will be replaced by terms that closely match the intended purpose in a legally permissible manner. The same applies to any regulatory gaps.
In the event of disputes, Swiss substantive law applies exclusively, excluding conflict of laws provisions.
The exclusive place of jurisdiction is Bülach ZH, unless mandatory legal provisions specify otherwise.
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Kloten, August 19, 2024
